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Prepared to Deliver Strategic Results Houston Divorce Attorneys

Houston Divorce Lawyer

The Legal Advocacy You Deserve In & Out of Court

Filing for divorce in Texas is one of the most complicated things you may ever do - legally and emotionally. Finding a divorce lawyer near you that is capable of protecting your rights under divorce laws in Texas and fighting for your best interests in court, all while dealing with your case empathetically, is vital if you want to achieve the best results. At Diggs & Sadler, our Houston divorce lawyers utilize a meticulous, client-focused approach to divorce that helps clients get what they want.

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How to File for Divorce in Texas

1. Meet the Residency Requirements for Divorce in Texas

If you want to file for divorce in Texas, then you must be domiciled in the state of Texas for at least six months and be a resident of Harris County—that is, the county in which you are filing for divorce in Texas—for at least 90 days. If you were absent and away from the state of Texas due to public service such as military obligations, that time you spent away will count as residency.

2. File for Divorce & Serve Your Spouse

In Texas, a divorce is handled as a lawsuit, which means filing a petition or a pleading for divorce with the court to begin the process. Then the Texas divorce papers must be served on the spouse, unless service is formally waived, and then the spouse, or respondent, must file a response sometimes called an answer, on or before 10:00 am on the first Monday following 20 days after service. Those eligible for serving your divorce papers include sheriffs, constables, process servers, or anyone authorized by the court. The two primary methods for delivering this service are either in person or certified mail. If the court allows, you may serve your spouse via email or social media which is called a "substitute service".

3. Go Through the Discovery Process

Both parties must make detailed disclosures describing their finances, income, and assets, and these disclosures include and should be backed up with financial documentation. Our divorce attorneys in Houston can help you gather the appropriate documents and ensure you don't miss anything.

After all documents and financial information are exchanged, and both parties have enough information, the court will encourage or even order the parties to mediation to try to resolve their disputes and make agreements about property and custody.

4. Attend Mediation or Litigation

Mediation is often the best option for both parties to resolve a contested divorce, but if it's impossible to reach a fair compromise, we may advise you to take the case to court. If so, your divorce will proceed to trial, where your divorce attorney will argue and present evidence on your behalf to seek the results you want.

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The Diggs & Sadler Difference A Tradition of Excellence

  • A Team-Based Approach
    When you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
  • Always Prepared for Trial
    Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
  • Strategic Representation
    Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
  • We Put Clients First
    At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.

How Long Will It Take to Finalize My Divorce?

Unfortunately, there's no one answer to this question. Sometimes, straightforward divorces with amicable spouses take just a few months. However, acrimonious divorces or parties with complicated financial entanglements can take much longer. The following are just some of the issues and disputes in divorce that may take significant time for your attorney to resolve:

  • Dividing assets: If you and your spouse share assets, called community property, and disagree on how to divide them, it can lengthen the divorce process.
  • Separate propertydisputes: If you or your spouse have disputed claims for separate property, that may take more time to resolve.
  • Child custody battles: Arriving at a custody agreement can be a bitter back-and-forth that takes time. Disagreements will delay your divorce, or even necessitate a hearing or trial.
  • Child support disputes: If you can't agree on fair child support payments the case may need to proceed to trial.
  • Alimony: Alimony, or as we call it in Texas, spousal maintenance, can be a source of disagreement between divorcing parties, and may delay the case.
  • Trial: If your case must go to trial to be resolved by the judge or jury, then your case will take longer because you will have to wait for a trial date from the court and take all the necessary steps to prepare.

How Much Does a Divorce Cost in Texas?

For divorce in Harris County, the filing fees alone add up to $320, which does not include additional fees for cases involving child custody. It also does not include attorney fees or court fees.

According to a study published by USA Today in 2020, the average cost of divorce in Texas is $15,600 without children and $23,500 with children, making it the fifth highest-expensive state when it comes to divorce.

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How Much Could Divorce Cost Me?

The cost of your divorce will depend, in part, on the legal counsel you choose to represent you in the divorce process. Bearing that in mind, the price you pay your divorce lawyer in Houston usually corresponds with three essential factors:

  1. Complexity, conflict and time: Complex issues, such as cases that involve significant or unusual assets or disputes over potentially complex matters such as separate property, jurisdictional disputes or child custody, may require more work, cause the case to take longer to resolve and result in a costlier divorce.
  2. The experience of the attorney: Our more experienced attorneys naturally cost more per hour, however, you get what you pay for: if the case is unusual or complex, the more experienced attorney who charges more by the hour may actually save you money in the appropriate case. If your case is more straightforward, an attorney with lower hourly rates may be the best attorney to take good care of your needs.
  3. Your approach: We will be there for you when you call on us. Your ability to manage your time with your attorney and to seek out ways to save money with simple steps like organizing documents and information and responding quickly to requests from us for information will save you money on fees.
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